Professor of Property Law at Maastricht University. I am an experienced researcher in property law, with a strong focus on European Union law and, more recently, sustainability. I focus on the role of property law in society and how it can be used to enhance cooperation, both at the economic as well as the social level.
This book contains selected contributions from the third Young Property Lawyers Forum (YPLF) and ... more This book contains selected contributions from the third Young Property Lawyers Forum (YPLF) and the YPLF Masterclass 2012. It offers new perspectives on property theory, constitutional property law, and private law-property law. Under these headings, young and renowned property law scholars present their current research and offer an exciting look into the challenges property law faces in the 21st century.
In November 2012 the YPLF met in Stellenbosch, South Africa for the Forum’s third edition. It is an informal network of young property law researchers that seeks to bring together property law researchers from around the world and to enable them to discuss their work with each other and with more experienced researchers. On this occasion a special Master Class was held after the YPLF in which some of the world’s leading property law scholars presented their research. The YPLF continues to form a network for property law researchers around the word, leading to more conferences and publications.
This book is the result of the second edition of the Young Property Lawyers Forum (YPLF), an info... more This book is the result of the second edition of the Young Property Lawyers Forum (YPLF), an informal network of young property law researchers. The YPLF aims to bring property law scholars together from around the world and enable them to discuss their work with each other and with more experienced researchers. This book contains the contributions of the second edition of this conference which took place in Maastricht. The different chapters in the book deal with new developments in property law that challenge traditional property law theory. Although they deal with various aspects of property law, such as virtual property, prescription, and EU property law, they all share a vision on how to give shape to the property law of the 21st century.
The Young Property Lawyers Forum (YPLF) continues to form a network for property law researchers around the world with new conferences and publications for both beginning and more advanced scholars.
"The continuing and accelerating process of European integration impacts on European legal educat... more "The continuing and accelerating process of European integration impacts on European legal education, or ought to have its impact on our ideas about legal education in Europe. Although legal education in Europe is mainly national and usually conducted in the national language, there are initiatives that seek to break through the national barriers and move towards a truly European legal education. The Maastricht European Law School, which focuses on European Union law, international law and comparative law, fully taught in English, is one of these initiatives. In this edited volume we have endeavoured to reflect upon European Legal education in the light of that program, which has been on offer for a couple of years now and which attracts a great deal of students from all over Europe and the world as well, and to offer to interested readers ways forward as well as obstacles and points to ponder.
This books pays attention to the developments in European law and the effects these have on legal education in general as well as in other fields. Drawing from their own experiences, the authors describe the current state of law, offer perspectives on future developments and explain how they translate these developments in the law school curriculum. All the contributions in this book have in common that each author seeks to better prepare students for a future in a more integrated Europe.
It is our purpose to generate a European debate about the subject and to move the European discussion forward to concrete steps to effectively establish European legal education for new generations of lawyers that will work in an increasingly Europeanised legal domain."
In order to develop a framework, which can form the basis for the development of a European prope... more In order to develop a framework, which can form the basis for the development of a European property law this book seeks to provide a comparative analysis of property law from the perspective of four European legal systems, and of European law, focusing on the numerus clausus principle. The book offers theoretical insights on how substantive property law, European law, and, to a certain extent, private international law intersect. Inspiration for this is drawn from the mixed legal system of South Africa.
The principle of numerus clausus, one of the fundamental principles of property law, is adhered to by most legal systems. In this book an analysis of the property law systems of France, Germany, the Netherlands and England is provided. A description is given of the content of available property rights in each of these systems, followed by an examination as to whether these rights form a closed system and whether private parties are given freedom to give shape to property rights or even create new types of rights.
In the last decades, property law has come under pressure to allow more party autonomy. In other words: property law has become more and more subject to pressure from contract law. Private parties attempt to draft their contracts in such a way that their contractual arrangements are given property effect. Sometimes they also attempt to make use of a property right in a way that was not foreseen by legislature or courts. As a result rights have come into existence that are intermediary between the law of contract and the law of property.
Moreover, the systems of property law are also subject to a growing influence from European legislation. The development of the internal market in the European Union increasingly forces Member States to answer the question whether and, if the answer is affirmative, in what way property rights created in another Member State should be recognised. Substantive property law intersects here. Until now, national legal systems generally resist this influence of European law and use the principle of numerous clausus as a justification. It is to be questioned whether the numerus clauses principle can still act as a guardian against the influence of foreign and European law.
This book is the result of a comparative law conference on land burdens, which was held at the Un... more This book is the result of a comparative law conference on land burdens, which was held at the University of Maastricht in 2005, under the auspices of the research school Ius Commune. At the heart of the conference was the question, whether the law on land burdens (such as servitudes and qualitative duties) can be unified. Various legal systems were discussed: Austria, Belgium, England, France, Germany, the Netherlands, Scotland and the United States. The leading theme was whether civil law systems can learn from the Anglo-American experience. Particularly the American Law Institute's Restatement (Third) of Property, Servitudes offers an interesting model for unification.
This book contains the collected contributions to the conference. Most of the contributions discuss national legal systems. Furthermore, land burdens are discussed from a law and economics perspective. Also the question is asked whether the law on servitudes could also apply to chattels and could even be applied within the context of the Internet.
Preface Introductory chapter Chapter 1. Common concepts and leading principles Chapter 2. Protect... more Preface Introductory chapter Chapter 1. Common concepts and leading principles Chapter 2. Protection of property rights Chapter 3. Types of property rights: immovables and movables Chapter 4. Types of property rights: claims Chapter 5. Property rights as security interests Chapter 6. Management devices: trust, treuhand, fiducie Chapter 7. Creation Chapter 8. Transfer Chapter 9. Destruction Chapter 10. Uniform or harmonised property law Tables Contributors Bram Akkermans (Maastricht University, NL) Monika HINTEREGGER (University of Graz, AU) Caroline LEBON (University of Leuven, BE) John Michael MILO (University of Utrecht, NL) Vincent SAGAERT (University of Leuven, University of Antwerp, BE) William SWADLING (University of Oxford, UK) Sjef VAN ERP (Maastricht University, NL) Lars VAN VLIET (University of Maastricht, NL) Assisted by Ton ROSEBOOM (Maastricht University) Advisory committee Madeleine CANTIN CUMYN (McGill University, CA) Susan FRENCH (UCLA Law School, USA) Kenneth REID (Edinburgh University, UK)
This book contains selected contributions from the third Young Property Lawyers Forum (YPLF) and ... more This book contains selected contributions from the third Young Property Lawyers Forum (YPLF) and the YPLF Masterclass 2012. It offers new perspectives on property theory, constitutional property law, and private law-property law. Under these headings, young and renowned property law scholars present their current research and offer an exciting look into the challenges property law faces in the 21st century.
In November 2012 the YPLF met in Stellenbosch, South Africa for the Forum’s third edition. It is an informal network of young property law researchers that seeks to bring together property law researchers from around the world and to enable them to discuss their work with each other and with more experienced researchers. On this occasion a special Master Class was held after the YPLF in which some of the world’s leading property law scholars presented their research. The YPLF continues to form a network for property law researchers around the word, leading to more conferences and publications.
This book is the result of the second edition of the Young Property Lawyers Forum (YPLF), an info... more This book is the result of the second edition of the Young Property Lawyers Forum (YPLF), an informal network of young property law researchers. The YPLF aims to bring property law scholars together from around the world and enable them to discuss their work with each other and with more experienced researchers. This book contains the contributions of the second edition of this conference which took place in Maastricht. The different chapters in the book deal with new developments in property law that challenge traditional property law theory. Although they deal with various aspects of property law, such as virtual property, prescription, and EU property law, they all share a vision on how to give shape to the property law of the 21st century.
The Young Property Lawyers Forum (YPLF) continues to form a network for property law researchers around the world with new conferences and publications for both beginning and more advanced scholars.
"The continuing and accelerating process of European integration impacts on European legal educat... more "The continuing and accelerating process of European integration impacts on European legal education, or ought to have its impact on our ideas about legal education in Europe. Although legal education in Europe is mainly national and usually conducted in the national language, there are initiatives that seek to break through the national barriers and move towards a truly European legal education. The Maastricht European Law School, which focuses on European Union law, international law and comparative law, fully taught in English, is one of these initiatives. In this edited volume we have endeavoured to reflect upon European Legal education in the light of that program, which has been on offer for a couple of years now and which attracts a great deal of students from all over Europe and the world as well, and to offer to interested readers ways forward as well as obstacles and points to ponder.
This books pays attention to the developments in European law and the effects these have on legal education in general as well as in other fields. Drawing from their own experiences, the authors describe the current state of law, offer perspectives on future developments and explain how they translate these developments in the law school curriculum. All the contributions in this book have in common that each author seeks to better prepare students for a future in a more integrated Europe.
It is our purpose to generate a European debate about the subject and to move the European discussion forward to concrete steps to effectively establish European legal education for new generations of lawyers that will work in an increasingly Europeanised legal domain."
In order to develop a framework, which can form the basis for the development of a European prope... more In order to develop a framework, which can form the basis for the development of a European property law this book seeks to provide a comparative analysis of property law from the perspective of four European legal systems, and of European law, focusing on the numerus clausus principle. The book offers theoretical insights on how substantive property law, European law, and, to a certain extent, private international law intersect. Inspiration for this is drawn from the mixed legal system of South Africa.
The principle of numerus clausus, one of the fundamental principles of property law, is adhered to by most legal systems. In this book an analysis of the property law systems of France, Germany, the Netherlands and England is provided. A description is given of the content of available property rights in each of these systems, followed by an examination as to whether these rights form a closed system and whether private parties are given freedom to give shape to property rights or even create new types of rights.
In the last decades, property law has come under pressure to allow more party autonomy. In other words: property law has become more and more subject to pressure from contract law. Private parties attempt to draft their contracts in such a way that their contractual arrangements are given property effect. Sometimes they also attempt to make use of a property right in a way that was not foreseen by legislature or courts. As a result rights have come into existence that are intermediary between the law of contract and the law of property.
Moreover, the systems of property law are also subject to a growing influence from European legislation. The development of the internal market in the European Union increasingly forces Member States to answer the question whether and, if the answer is affirmative, in what way property rights created in another Member State should be recognised. Substantive property law intersects here. Until now, national legal systems generally resist this influence of European law and use the principle of numerous clausus as a justification. It is to be questioned whether the numerus clauses principle can still act as a guardian against the influence of foreign and European law.
This book is the result of a comparative law conference on land burdens, which was held at the Un... more This book is the result of a comparative law conference on land burdens, which was held at the University of Maastricht in 2005, under the auspices of the research school Ius Commune. At the heart of the conference was the question, whether the law on land burdens (such as servitudes and qualitative duties) can be unified. Various legal systems were discussed: Austria, Belgium, England, France, Germany, the Netherlands, Scotland and the United States. The leading theme was whether civil law systems can learn from the Anglo-American experience. Particularly the American Law Institute's Restatement (Third) of Property, Servitudes offers an interesting model for unification.
This book contains the collected contributions to the conference. Most of the contributions discuss national legal systems. Furthermore, land burdens are discussed from a law and economics perspective. Also the question is asked whether the law on servitudes could also apply to chattels and could even be applied within the context of the Internet.
Preface Introductory chapter Chapter 1. Common concepts and leading principles Chapter 2. Protect... more Preface Introductory chapter Chapter 1. Common concepts and leading principles Chapter 2. Protection of property rights Chapter 3. Types of property rights: immovables and movables Chapter 4. Types of property rights: claims Chapter 5. Property rights as security interests Chapter 6. Management devices: trust, treuhand, fiducie Chapter 7. Creation Chapter 8. Transfer Chapter 9. Destruction Chapter 10. Uniform or harmonised property law Tables Contributors Bram Akkermans (Maastricht University, NL) Monika HINTEREGGER (University of Graz, AU) Caroline LEBON (University of Leuven, BE) John Michael MILO (University of Utrecht, NL) Vincent SAGAERT (University of Leuven, University of Antwerp, BE) William SWADLING (University of Oxford, UK) Sjef VAN ERP (Maastricht University, NL) Lars VAN VLIET (University of Maastricht, NL) Assisted by Ton ROSEBOOM (Maastricht University) Advisory committee Madeleine CANTIN CUMYN (McGill University, CA) Susan FRENCH (UCLA Law School, USA) Kenneth REID (Edinburgh University, UK)
The numerus clausus of property rights is one of the fundamental principles of property law. It r... more The numerus clausus of property rights is one of the fundamental principles of property law. It refers to the idea that both the number and content of property rights is limited and is traditionally placed in contrast to party autonomy, which reigns in contract law. Parties can only shape their property rights when they stay within the boundaries provided for by the legal system. Such boundaries are provided by both legislation and case law. Numerus clausus can be understood as a principle, but also as a rule, depending on how strictly it is applied. It can be viewed from a legal perspective, but also from a constitutional or economic point of view, which enhances understanding of why the idea of numerus clausus exists as well as understanding of how it is supposed to function. Numerus clausus also plays a different role within a legal system than it does in respect to the effect of foreign law. There numerus clausus becomes a defensive mechanism. With this more thorough understanding, the practice of numerus clausus can be examined. How do we know a numerus clausus exists and which property rights are part of the numerus clausus? Various authors have argued for a less rigid approach to numerus clausus, possibly looking at ex post control rather than ex ante rigidity. They connect the need for flexibility to the increasingly dynamic nature of property law. Much has been done to discover why numerus clausus exists, but not so much on what role it can play in the future development of property law.
Since 1997 Sjef van Erp has been professor of civil law and European private law at Maastricht Un... more Since 1997 Sjef van Erp has been professor of civil law and European private law at Maastricht University. Throughout his career he established the field of comparative and European property law not only as a field of research, but also as a field to teach in. His pioneering work in comparative property education has been an example throughout the world. His work to gather property experts to make a Ius Commune Casebook on property law, widely used throughout the world as one of the first and very few books on comparative property law, underlines these efforts. In the last decade Sjef van Erp has also been instrumental in bringing researchers together in the European Law Institute that he co-founded, as well in various international working groups focusing on the challenges brought forward by technological developments on the law of property. He has become recognized as an international scholar in the field of PropTech (or property and technology). Throughout all these international activities, he has retained his teaching post at Maastricht and introduced generations of students into the field of property law from a comparative and European perspective. In January 2021 Sjef van Erp has retired as professor of civil law and European Private Law at Maastricht University. On the occasion of his retirement a group of international authors have come together to prepare and offer him a book to commemorate this occasion
As the European Union (EU) matures, there is an increasing debate, partly fuelled by fierce natio... more As the European Union (EU) matures, there is an increasing debate, partly fuelled by fierce national criticism offered by Eurosceptic politicians, partly initiated by the EU institutions themselves, on the way in which the EU has developed and what the EU must look like in the future. This debate includes a discussion on one of the core aspects of European integration: at which level should the rules be set and who decides where the authority to do so should lie? Private law has an important role to play in this discussion. Many private law rules touch on the core of the internal market as they serve to foster trade or to offer protection to market participants, such as consumers.
In 2011, the Maastricht European Private Law Institute (M-EPLI) was founded. M-EPLI researchers combine European Private Law scholarship in the fields of contract, property, commercial and procedural law as well as legal theory. In this book M-EPLI fellows present perspectives on the allocation of competences in European Private Law. This includes both general perspectives and criteria on the basis of which to decide who does what in European Private Law, but also specific perspectives relating to the various fields M-EPLI’s researchers cover. All contributions share a common approach in which each author or team of authors addresses the same two questions: (i) What are the criteria to decide upon the ideal design of their field of law for the EU?; (ii) Who should set the rules: what is in the author(s) view the optimal mix of national and European producers of legal norms?
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In November 2012 the YPLF met in Stellenbosch, South Africa for the Forum’s third edition. It is an informal network of young property law researchers that seeks to bring together property law researchers from around the world and to enable them to discuss their work with each other and with more experienced researchers. On this occasion a special Master Class was held after the YPLF in which some of the world’s leading property law scholars presented their research. The YPLF continues to form a network for property law researchers around the word, leading to more conferences and publications.
The Young Property Lawyers Forum (YPLF) continues to form a network for property law researchers around the world with new conferences and publications for both beginning and more advanced scholars.
This books pays attention to the developments in European law and the effects these have on legal education in general as well as in other fields. Drawing from their own experiences, the authors describe the current state of law, offer perspectives on future developments and explain how they translate these developments in the law school curriculum. All the contributions in this book have in common that each author seeks to better prepare students for a future in a more integrated Europe.
It is our purpose to generate a European debate about the subject and to move the European discussion forward to concrete steps to effectively establish European legal education for new generations of lawyers that will work in an increasingly Europeanised legal domain."
The principle of numerus clausus, one of the fundamental principles of property law, is adhered to by most legal systems. In this book an analysis of the property law systems of France, Germany, the Netherlands and England is provided. A description is given of the content of available property rights in each of these systems, followed by an examination as to whether these rights form a closed system and whether private parties are given freedom to give shape to property rights or even create new types of rights.
In the last decades, property law has come under pressure to allow more party autonomy. In other words: property law has become more and more subject to pressure from contract law. Private parties attempt to draft their contracts in such a way that their contractual arrangements are given property effect. Sometimes they also attempt to make use of a property right in a way that was not foreseen by legislature or courts. As a result rights have come into existence that are intermediary between the law of contract and the law of property.
Moreover, the systems of property law are also subject to a growing influence from European legislation. The development of the internal market in the European Union increasingly forces Member States to answer the question whether and, if the answer is affirmative, in what way property rights created in another Member State should be recognised. Substantive property law intersects here. Until now, national legal systems generally resist this influence of European law and use the principle of numerous clausus as a justification. It is to be questioned whether the numerus clauses principle can still act as a guardian against the influence of foreign and European law.
This book contains the collected contributions to the conference. Most of the contributions discuss national legal systems. Furthermore, land burdens are discussed from a law and economics perspective. Also the question is asked whether the law on servitudes could also apply to chattels and could even be applied within the context of the Internet.
In November 2012 the YPLF met in Stellenbosch, South Africa for the Forum’s third edition. It is an informal network of young property law researchers that seeks to bring together property law researchers from around the world and to enable them to discuss their work with each other and with more experienced researchers. On this occasion a special Master Class was held after the YPLF in which some of the world’s leading property law scholars presented their research. The YPLF continues to form a network for property law researchers around the word, leading to more conferences and publications.
The Young Property Lawyers Forum (YPLF) continues to form a network for property law researchers around the world with new conferences and publications for both beginning and more advanced scholars.
This books pays attention to the developments in European law and the effects these have on legal education in general as well as in other fields. Drawing from their own experiences, the authors describe the current state of law, offer perspectives on future developments and explain how they translate these developments in the law school curriculum. All the contributions in this book have in common that each author seeks to better prepare students for a future in a more integrated Europe.
It is our purpose to generate a European debate about the subject and to move the European discussion forward to concrete steps to effectively establish European legal education for new generations of lawyers that will work in an increasingly Europeanised legal domain."
The principle of numerus clausus, one of the fundamental principles of property law, is adhered to by most legal systems. In this book an analysis of the property law systems of France, Germany, the Netherlands and England is provided. A description is given of the content of available property rights in each of these systems, followed by an examination as to whether these rights form a closed system and whether private parties are given freedom to give shape to property rights or even create new types of rights.
In the last decades, property law has come under pressure to allow more party autonomy. In other words: property law has become more and more subject to pressure from contract law. Private parties attempt to draft their contracts in such a way that their contractual arrangements are given property effect. Sometimes they also attempt to make use of a property right in a way that was not foreseen by legislature or courts. As a result rights have come into existence that are intermediary between the law of contract and the law of property.
Moreover, the systems of property law are also subject to a growing influence from European legislation. The development of the internal market in the European Union increasingly forces Member States to answer the question whether and, if the answer is affirmative, in what way property rights created in another Member State should be recognised. Substantive property law intersects here. Until now, national legal systems generally resist this influence of European law and use the principle of numerous clausus as a justification. It is to be questioned whether the numerus clauses principle can still act as a guardian against the influence of foreign and European law.
This book contains the collected contributions to the conference. Most of the contributions discuss national legal systems. Furthermore, land burdens are discussed from a law and economics perspective. Also the question is asked whether the law on servitudes could also apply to chattels and could even be applied within the context of the Internet.
In 2011, the Maastricht European Private Law Institute (M-EPLI) was founded. M-EPLI researchers combine European Private Law scholarship in the fields of contract, property, commercial and procedural law as well as legal theory. In this book M-EPLI fellows present perspectives on the allocation of competences in European Private Law. This includes both general perspectives and criteria on the basis of which to decide who does what in European Private Law, but also specific perspectives relating to the various fields M-EPLI’s researchers cover. All contributions share a common approach in which each author or team of authors addresses the same two questions: (i) What are the criteria to decide upon the ideal design of their field of law for the EU?; (ii) Who should set the rules: what is in the author(s) view the optimal mix of national and European producers of legal norms?